Is it illegal for shareholders to carve the official seal of the company privately?

Hello, it is illegal for shareholders to stamp the official seal of the company privately. On the one hand, shareholders who carve official seals privately may violate the civil code, company law and other legal norms, violate the provisions of the company's articles of association, and need to bear civil liability; On the other hand, shareholders who carve official seals privately may also violate the criminal law and forge the seals of companies, enterprises, institutions and people's organizations, and need to bear criminal responsibility.

Legal analysis

According to People's Republic of China (PRC) Civil Code, Company Law, Public Security Administration Punishment Law, Criminal Law and other legal norms, the official seal of the company has the effect of publicity and public trust, and is the credit certificate of the company. Generally speaking, the articles of association of the company will stipulate the management of the official seal, and those who violate the provisions of the articles of association may bear corresponding civil liabilities. Occasionally, forged company seals are seized before use, or occasionally used for legal acts, or employees of companies and other units use forged company seals for legal business activities, or forged and used company seals have not caused serious consequences, they shall be detained by the relevant administrative authorities for more than 10 days and less than 15 days, and may also be fined less than 1000 yuan. If the act of forging seals has caused great harmful consequences to the company's business order and reputation, or has not caused serious consequences, it will bear criminal responsibility with great probability.

legal ground

People's Republic of China (PRC) Public Security Administration Punishment Law

Article 52 Whoever forges, alters or buys or sells official documents, certificates, certificates or seals of state organs, people's organizations, enterprises, institutions or other organizations shall be detained for not less than 10 days but not more than 15 days and may also be fined not more than 1,000 yuan; If the circumstances are relatively minor, they shall be detained for not less than five days but not more than ten days, and may also be fined not more than 500 yuan.

Criminal law of the people's Republic of China

Article 280

Crime of Forging the Seal of a Company, Enterprise, Institution or People's Organization Whoever forges the seal of a company, enterprise, institution or people's organization shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights and shall also be fined.